Drafts, damp and cold: anyone who lives in a monumental building can relate to this. In many cases, installing double glazing is not possible due to the monumental status. Yet a resident of a 17th-century house in the center managed to achieve this, on the orders of the subdistrict court judge.
The resident of the 17th century building suffers so much from the cold that she says her enjoyment of her home has been damaged. She therefore asked the manager if her house could be better insulated, including double-glazed windows. That is possible, was the answer, but then she will have to pay for it through a rent increase.
The manager is of the opinion that it is generally known that the insulation quality of a monumental building is lower than that of a new-build home and therefore does not consider the substandard insulation to be a defect. Better insulation of the home would then amount to a home improvement and the tenant pays for this himself, because this cannot be enforced through the defects scheme.
But the subdistrict court judge does not agree with this. The fact that the house is part of a monument and dates from the 17th century does not play a role in the assessment of the presence of single glazing. “First of all, not now that other adjustments to modern comfort have been made in the home and the standard for what rental enjoyment could be expected in the past can no longer be the benchmark for today.”
Energy crisis
The judge also believes that the energy crisis plays a role in the conflict between the parties. The costs for heating a poorly insulated home are becoming an increasingly large part of monthly expenses. Insulation measures, such as double glazing, can reduce these costs somewhat and thus keep housing costs affordable for the tenant.
In addition, the resident notes that nowadays a large majority of homes in the private sector have double glazing. The judge therefore agrees that in that sector the presence of double glazing is seen as normal.
Finally, the judge refers to the intention of Minister Hugo de Jonge (Public Housing) to adapt the housing valuation system for independent living space as part of the Affordable Rent bill. If that law is introduced, homes with energy labels E, F and G will receive deduction points.
The landlord must now have the single glazing replaced within four months.
2024-02-10 19:34:02
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